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60 Cards in this Set

  • Front
  • Back
Merger Crimes:
Solicitation & Attempt
What Crime does NOT merge?
Conspiracy
No Merger when _____ victims
Two

Transferred Intent
Elements of Crime:
Actus Reus
Mens Rea
Concurrence
Causation/Harmful Effect
Actus Reus: conduct must be your own ________
volition
Actus Requs does not include ________________
Reflexive acts
______ duty to act/resuce unless
By Contract Nurse/Lifeguard on duty
By Statute--file tax returns
By Relationship

Voluntarily assume responsibility and fail to adequately do it

Where your conduct creates the peril
Specific Intent Crimes:
Solicitation, Attempt, Conspiracy, Assault, First Degree Murder, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery
Defenses for Specific Intent Crimes:
Voluntary Intoxication
Mistake of Fact (does not need to be reasonable)
Solicitation ends when you _________ someone to do it
Ask
Conspiracy is an ________ with the ______________ and _____________ an ________ objective
Agreement
Intent to Agree
Intent to Pursue
Unlawful
In Conspiracy the Co is responsible for ____ crimes of conspiracy committed in _________ of the conspiracy as well as all _________ crimes
ALL
Furtherance
Forseeable
For Conspiracy you need an _________ act, but it can be very _________
Overt
Small
Withdraw in Conspiracy: you must try to adequately ___________ but you are still guilty of _______________ but not ______________
relieve/rectify
conspiracy
subsequent crimes
If Co-Conspirator is acquitted then you are ___________ from conviction
Precluded
Attempt requires: __________ and _______ act
specific intent
overt act that is SUBSTANTIAL
Attempt can be defended by
Legal Impossibility
Malice Crimes
Murder and Arson

Malice or Reckless disregard that high risk of harm will occur
General Intent: intent is __________ from act. All crimes not listed unless ___________
inferred
Strict liability
Transferred Intent
Try to kill V1 but kill V2, no merger.
Strict Liability: any defense that ____________ intent is NOT a defense for Strict Liability
Negates
Consent is NOT a defense for
Statutory Rape
_____________ is not a defense for Strict Liability
Mistake of Fact
How to tell if crime is strict liability:
If its administrative, regulatory, or deals with morality and there are no Adverbs (knowingly, willingly, etc) then it is strict liability
Purposefully is where you take ________ objective to engage in certain conduct
Conscious
Knowingly is where you are ________ that conduct is __________ to cause result
Aware
Very Likely
Recklessly is where you _________ disregard a ________ or unjustifiable risk
Consciously
Substantial
Negligently is where you _________ to be aware of __________ and unjustifiable risk
Fail
Substantial
Accomplices are liable for ________ crimes and all other ___________ crimes
All
Foresee
An accomplice must be ________ and _______ involved in crime
Present
Actively
Accomplice is someone who:
Encourages, Aids, Advises the principle
Accomplice withdraw:
Repudiate if encourages or do everything you can to neutralize, alternatively call the police
Insanity Defense
M'Naughten: lacked ability to know wrongfulness

Irresistible Impulse: Unable to control actions

Durham: But for mental disease...

MPC: Lacked ability to conform conduct to law
Voluntary Intoxication Defense
Specific Crimes only
Involuntary Intoxication
Must be unknowingly or under Duress
Mistake of Fact Defense
Defense where mistake negates intention:

Specific Any reason

Malice and General Reasonable mistake only
Exclusionary Rule prohibits into of evidence in violation of 4th amendment _______, 5th amendment _____ or _________ and 6th amendment _____________
Search
Miranda
Due Process
Right to Counsel
Limitations on Exclusionary
Knock and Announce, Good Faith Defense, Parole, Must Violate Consitution or State Stat
Good Faith Defense on (3):
Judicial opinion later reversed
Stat later unconstitutional
Defective Warrant
Good Faith is not a defense where affidavit lacks _______
Probable Cause
Good faith is not a defense if warrant fails to state _______________________
with particularity places and things to be searched
Good faith is not a defense if police
Lie or mislead magistrate
Good Faith is not a defense if magistrate
wholly abandoned his judicial role
Impeachment: You can use inadmissible ____________ warnings to impeach credibility of the D if he takes the stand
Miranda
Fruit of the Poisonous Tree Exceptions. 3 Is
Independent Source
Inevitable Discovery
Intervening Acts of Free will by D
Don't need Arrest Warrant in _____________ place
Public

but do need PC for station house detention
Investigatory Detention requires ________________
Reasonable Suspicion

Road blocks need: neutral and related to problem only
Evidentiary Search Test: does person have __________ right? Do police have _________
4th amendment right ( government conduct and reasonable expectation of privacy/standing)

Valid search warrant--if not, good faith defense?
Government Conduct =
Police (on or off duty) or private individual working under their direction

NO security guard, but yes to Campus Police because deputized
Automatic Reasonable Expectation of Privacy/Standing where you ___________ premises searched ________ on premises, or you are an ________________
Own
Live
Overnight guest

= the right to object to search
Probable Cause is
Probability that evidence will be found in area searched
Don't need warrant for:
Incident to Arrest, Automobile, Plain View, Consent, Stop and Frisk, Community Caretaker, Hot Persuit
Standing sometimes where your own property is _________, or ______________________
seized
legit present when search took place
Warrants require two Ps
Probable Cause & Particularity
Don't need to knock and announce where D___________, F___________, D___________
Dangerous, Futile, Destruction of Evidence
Arrest incident to Arrest: Arrest must be __________ and search ______________with ____________________. You can search person and ___________.
Lawful
Contemporaneous
Time and Place
Grab Area
SIA: if D is not in full custody you can if _______________that you will find evidence ___________ to crim
reasonable belief
related

e.g. invalid license--cant search for coke but if DUI can search for alcohol
Automobile Exception to Warrant:
Can search whole car including trunk and any package if probable cause
Community caretaker: you can search for _____________ without a warrant
Emergency that threatens health or safety of public
Public School Search: you can search kids who participate in _______________ if __________ chance of finding wrong, measured adopted to carry out are _____________ to objective search, and it is not ______________
Extracurricular
Moderate
Reasonably related
excessive